On December 10, 2019, the Supreme Court of the United States in Rotkiske v. Klemm, SC No. 18-328 (12/10/19), held that “section 1692k(d) statute of limitations begins to run when the alleged FDCPA violation occurs, not when the violation is discovered.” 15 U.S.C. 1692k(d) states, “an FDCPA action must be brought within one year from the date on which the violation occurs.”
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Questions?
Contact Marissa Yaker, Esq. here.

​Padgett Law Group (PLG) recently announced the promotion of Michelle DeVore to Director of Default Services, a firm-wide operations role. Michelle previously served as Process & Systems Manager and was responsible for integrating software and operational efficiencies throughout the firm’s footprint which includes Florida, Georgia, Tennessee, Arkansas, Texas, Ohio, and a national bankruptcy unit. 

On October 16, 2019, the Second District Court of Appeal in U.S. Bank v. Sturm, held that a demand letter can include amounts that accrued more than five years earlier.  In reaching this conclusion, the Second District Court of Appeal relied on Grant v. Citizens Bank, N.A.,  263 So. 3d 156, 157 (Fla. 5th DCA 2018) (en banc) (receding from Diamond and Velden v. Nationstar Mortg., LLC, 234 So. 3d 850 (Fla. 5th DCA 2018) ).  In Grant, the Fifth District rejected the argument that a foreclosing Plaintiff could not recover damages for defaults that occurred more than five years prior to the filing of the action. *This case is not yet final, and subject to rehearing.*

​Questions?
Contact Marissa Yaker, Esq. here.